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Obligation and contracts questions

1. Juan was employed by Pedro and they both signed an employment contract. One day,
Maria who was envious of the business enterprise of Pedro, told Juan that he should not
follow the employment contract he signed. Pedro upon knowledge of the acts of Maria of
trying to induce Juan to violate the contract filed for damages against Maria. Maria,
however countered that she cannot be liable for any damages because she is not a party
of the contract as laid by the doctrine of Relativity of Contracts and provided by the Civil
Code of the Philippines. Is Maria correct? Why? 10pts
2. Joe wanted to buy the car that is being sold by Mark that costs P2Million pesos. Both of
them agreed on an earnest money of P200,000 to be given by Joe to Mark. Mark later on
after accepting the money of Joe wanted to sell the car to Steve. Mark offered to return
the P200,000 to Joe. Can Mark sell the car to Steve? Why? 10pts
3. X wanted to donate his land to Y but does not want to pay a donor’s tax, so they agreed
that on paper they will just make it appear that the transaction is a contract of sale and
not a donation to avoid the payment of donor’s tax. Is the contract absolute or relative
simulation? Why? Defend your answer. 10pts
4. Jose faked a Title of Land in order to induce Maria to the land while Maria counterfeited
the bills paid to Jose in the amount of P5Million of fake bills. Jose sensing that the bills
were fake wanted to annul the contract of sale. Can Jose annul the contract? Why? 10pts
5. Juan and Pedro entered into a contract to sell. Only Juan did not knew that such is not
the proper contract because it should be a contract of Sale. There was mistake of law to
only one party. Can they annul the contract? Why? 10pts
6. Mark and Marian entered into a contract of mortgage. Both of them signed the contract
and neither did protest to anything. Later, Marian allege that she is unable to read and
write and that mark must prove that she is able to read and write. Is Marian correct?
Why? 10pts
7. Mr. Joe sells an insurance policy, one day he sent a mail containing a letter advising Mr.
John to agree in the contract of insurance. The letter arrived on June 5, 2018; Mr. John
read it on June 10; on June 15, he wrote a letter giving his Consent to the contract. On
June 20, 2018, he mailed the letter and it arrived in the office of Mr. Joe on June 23.
Because of his busy schedule, Mr. Joe read the letter on June 25, 2018. When was the
contract perfected? Why? 10pts

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